VIDEO LEARNING CENTER
DWI BLOOD TESTS
Are blood tests more accurate than breath tests? Blood tests are not always reliable.
About David Breston
The Breston Law Firm has handled over 4,000 cases and has been helping people in Texas since 1987. Watch this video to find out more about our firm
CHOOSING A DWI LAWYER
Learn how to choose a DWI lawyer and the importance of choosing an experienced attorney.
DWI PENALTIES
A Texas DWI charge can cost you to lose your license, you face fines and may cost you your job.
DWI/DUI CHARGES
Have you been charged with Driving While Intoxicated (DWI)? Watch this video by David Breston explaining how he may be able to help you.
DWI BREATH TESTS
Should you refuse a breath test if you are pulled over for DWI in Texas? Watch this video to learn.
Houston Sobriety Tests
The original field sobriety test may date back to the 1950s or so when it became apparent that driving while intoxicated was on its way to becoming a national concern. However, every police department and municipality had their own version of it – which led to confusion and often false arrests. In the early 1970s – as driving became a national pastime and interstate highways were completed – the National Highway Traffic Safety Administration took the lead in addressing the problem of drunk driving.
The NHTSA came into existence in the late 1960s because of public pressure to what appeared to be manufacturers disregard to vehicle flaws that were resulting in thousands of deaths each year. But soon they turned their regulatory powers to the issue of intoxicated driving. Over the course of a decade they worked with law enforcement organizations to improve and standardize the field sobriety test. Among other things, they created a model for police to use in training their officers to correctly implement the FST and have since conducted a number of studies to (in their opinion) validate the reliability of this tool.
A standard FST could require the suspected drunk driver to perform a number of physical movements and it is often up to the officer to make the determination of whether or not a person is driving while intoxicated. Exercises that a driver may be asked to complete include walking a straight line and turning, standing on one leg, reciting the alphabet, or following the movement of an object with your eyes alone. The accuracy of any of these ‘tests’ – and therefore the validity – are ambiguous at best and perhaps wholly dubious. The reasons for this are numerous.
Perhaps the greatest problem with the field sobriety test is that is relies on the subjective opinion of a police officer to decide if an individual is intoxicated. A number of studies have proven over the years that this leads to a significant number of false arrests. In addition, the field sobriety test fails to consider that drivers who are ill may present as a person who is intoxicated. For instance, persons who have inner ear ailments (or even something as simple as an ear infection) will struggle to both balance on one leg and/or walk a straight line and in some injuries to the brain an individual may not be able to follow an object with their eyes. Finally, older drivers or those with disabilities are likely to have problems with all aspects of the field sobriety test. But that does not mean they are intoxicated. Yet, despite all the evidence to the contrary, law enforcement still continues to utilize field sobriety tests as a tool for making a snap – or initial - decision about drunk driving. The police officer’s opinion could then result in a probable cause for a driver’s arrest - particularly if the driver ‘fails’ it and then refuses the breathalyzer exam.